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The Oregon Administrative Rules contain OARs filed through June 15, 2016
 
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PSYCHIATRIC SECURITY REVIEW BOARD 

 

DIVISION 30

RESPONSIBILITIES OF THE
ADULT PSYCHIATRIC SECURITY REVIEW BOARD

859-030-0005

PSRB Adult Panel Responsibilities

Purpose The Adult Panel of the Board monitors the psychiatric and physical health and treatment of all persons placed under its jurisdiction and performs other duties as assigned by the Legislature. The Board will have as its primary concern the protection of society. In addition, the Board's responsibilities will include, but not be limited to:

(1) Holding hearings as required by law to determine the appropriate status of persons under its jurisdiction;

(2) Advising the State Hospital Review Panel on conditions of release whose inclusion the Board recommends in the Panel’s order of conditional release of a Tier Two Offender;

(3) Overseeing the supervision of persons placed on conditional release in the community;

(4) Modifying or terminating conditional release plans;

(5) Maintaining and keeping current medical, social and criminal histories of all persons under the Board's jurisdiction;

(6) Observing the confidentiality of records as required by law.

Stat. Auth.: ORS 161.387, Or Law 2011, ch 708, ¦ 33(2) (SB 420)
Stats. Implemented: ORS 161.315 - ORS 161.351, Or Law 2011, ch 708, ¦¦ 5, 33, 41 (SB 420)
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 1-2012(Temp), f. & cert. ef. 2-3-12 thru 7-31-12; PSRB 2-2012, f. & cert. ef. 4-16-12; PSRB 3-2016, f. & cert. ef. 3-17-16

859-030-0010

Jurisdiction of Persons under the PSRB/Length of Jurisdiction

(1) In accordance with ORS 161.325, the Board will take jurisdiction over persons adjudged by the court to be guilty except for insanity and who present a substantial danger to others.

(2) The period of jurisdiction of under the Board will be that sentence ordered by the court that places the person under PSRB jurisdiction.

(3) The Board will maintain jurisdiction over persons who are legally placed under its jurisdiction by any court of the State of Oregon or transferred from the jurisdiction of the Oregon Health Authority.

(4) Judgment orders placing individuals under Board jurisdiction must:

(a) Indicate whether the court finds the individual is a proper subject for conditional release, along with the appropriate order of placement under the Board, the Oregon Health Authority, or an appropriate supervision and treatment facility;

(b) Include written notification to the Board of the court’s conditional release order, and identify the court-appointed supervisor;

(c) Identify the length of Board jurisdiction over the individual;

(d) Any supervisory or other special orders the court delivered with its judgment.

(5) If the court’s order is unclear or is missing information required by ORS 161.325, the Board may seek clarification on the matter from the court.

(6) The Board will not retain jurisdiction over persons if the court order places the person under the Board only because of a judgment of guilty except for insanity for a probation violation. In order for the Board to retain jurisdiction, the person must be placed under the Board's jurisdiction for the initial offense.

(7) The Board’s Adult Panel will accept jurisdiction of remanded youth who are found Guilty Except for Insanity (GEI) in adult court and placed under the Board’s Adult Panel Jurisdiction. For rules regarding adjudicated youth who are found Responsible Except for Insanity (REI) in juvenile court and placed under the Board’s Juvenile Panel, see OAR 859, Divisions 501 through 600

(8) Upon receipt of verified information regarding time spent in custody, persons placed under the Board's jurisdiction will receive credit for:

(a) Time spent in any correctional facility or jail for the offense or conduct for which the person was placed under the Board's jurisdiction; and

(b) Time spent in custody of the Oregon Health Authority at a state mental hospital for determination of the defendant's fitness to proceed or for treatment until fit to proceed under a detainer for the criminal charges for which the person ultimately was found guilty except for insanity as well as a result of being committed by a court after being found guilty except for insanity of a charge.

(9) The Board does not consider time spent on unauthorized leave from the Oregon State Hospital while committed as part of the jurisdictional time and will add that time to the end of jurisdiction date.

Stat. Auth.: ORS 161.387, Or Law 2011, ch 708, ¦33(2) (SB 420)
Stats. Implemented: ORS 161.315 - ORS 161.351, Or Law 2011, ch 708, ¦¦5, 33, 41 (SB 420)
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 2-1987, f. 9-30-87, ef. 10-1-87; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 1-2012(Temp), f. & cert. ef. 2-3-12 thru 7-31-12; PSRB 2-2012, f. & cert. ef. 4-16-12; PSRB 3-2016, f. & cert. ef. 3-17-16

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use